Terms and Conditions

WEBSITE SERVICE AGREEMENT/TERMS OF USE & SERVICE

The services provided by CIMET Sales Pty Ltd ABN 72 620 395 726 (“CIMET”), trading as ElectricityProvider, to users ("Users") are subject to the following Terms of Use ("TOU"). CIMET reserves the right to update the TOU at any time without notice to Users. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages.

DEFINITIONS

In these Terms of Use: • "CIMET Website" refers to all web pages, services, content, and features provided by CIMET Sales Pty Ltd, accessible through the domain ‘electricityprovider.com.au’ and any subdomains thereof. • "User" refers to any individual or entity that accesses or uses the CIMET Website. • "Content" refers to all text, software, photos, video, graphics, music, sound, and other materials available on the CIMET Website. • "Intellectual Property" refers to copyrighted materials, trademarks, and other proprietary information available on the CIMET Website. • "Force Majeure" refers to unforeseeable circumstances that prevent CIMET from fulfilling its obligations under this Agreement. • "Communication Services" refers to email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and other message or communication facilities provided by CIMET.

AGREEMENT

This Agreement, which incorporates by reference other provisions applicable to the use of the CIMET Website, including, but not limited to, supplemental terms and conditions set forth herein ("Supplemental Terms") governing the use of specific material on the CIMET Website, sets forth the terms and conditions that apply to the use of the CIMET Website by Users.

By using the CIMET Website (other than to read this Agreement for the first time), Users agree to comply with all terms and conditions herein. The right to use the CIMET Website is personal to Users and is not transferable to any other person or entity. Users are responsible for all use of their accounts and for ensuring that all use complies fully with the provisions of this Agreement. Users shall protect the confidentiality of their passwords, if any.

CHANGES TO TERMS

CIMET reserves the right to change or modify the terms and conditions applicable to a User’s use of the CIMET Website at any time or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be given by various means including, but not limited to, posting on the CIMET Website, by electronic or conventional mail, or by any other means by which Users obtain notice thereof. Any use of the CIMET Website by Users after such notice will be deemed to constitute acceptance by Users of such changes, modifications, or additions.

DESCRIPTION OF SERVICES

Through its web property, CIMET provides Users with access to various resources, including download areas, communication forums, and product information (collectively, "Services"). The Services, including any updates, enhancements, new features, and/or the addition of new web properties, are subject to the TOU.

EQUIPMENT

Users are responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed to access and use the CIMET Website and for all related charges.

USER CONDUCT

Users agree to use the CIMET Website for lawful purposes only. Users shall not post or transmit through the CIMET Website any material which violates or infringes upon the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. Users shall not use the CIMET Website to advertise or perform any commercial solicitation without CIMET's express prior approval.

INTELLECTUAL PROPERTY

The CIMET Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound. The entire contents of the CIMET Website are copyrighted as a collective work under Australian copyright laws. CIMET owns the copyright in the selection, coordination, arrangement, and enhancement of such content. Users may download copyrighted material for personal use only. Users are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, or exploiting in any way the content of the CIMET Website without express permission from CIMET and the copyright owner.

USER-GENERATED CONTENT

Users shall not upload, post, or otherwise make available on the CIMET Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner. By submitting material to any public area of the CIMET Website, Users automatically grant CIMET the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, and distribute such material worldwide. Users also permit other users to access, view, store, or reproduce the material for personal use. Users shall be solely liable for any damage resulting from the infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

USE OF SERVICES

Users agree to use the Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. Users shall not: • Use the Services in connection with unsolicited messages, surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages. • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information. • Upload files containing software or other material protected by intellectual property laws without necessary rights. • Upload files containing viruses or harmful software.

• Advertise or offer to sell or buy goods or services unless allowed by the Communication Service. • Restrict or inhibit other users from using and enjoying the Communication Services.

THIRD-PARTY LINKS AND CONTENT

The CIMET Website may contain links to third-party websites. These linked sites are not under the control of CIMET, and CIMET is not responsible for the contents of any linked site. CIMET provides these links only as a convenience, and the inclusion of any link does not imply endorsement by CIMET of the site.

DISCLAIMER AND LIMITATION OF LIABILITY

The content and services provided on the CIMET Website are provided "as is" without any warranties of any kind, either express or implied. CIMET disclaims all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CIMET does not warrant that the services will be uninterrupted or error-free. In no event will CIMET be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the services, even if CIMET has been advised of the possibility of such damages.

INDEMNIFICATION

Users agree to defend, indemnify, and hold harmless CIMET, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the CIMET Website by Users or their accounts.

TERMINATION

CIMET or Users may terminate this Agreement at any time. CIMET reserves the right to immediately terminate Users' accounts in the event of any conduct deemed unacceptable by CIMET or any breach of this Agreement.

FORCE MAJEURE

CIMET shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond CIMET's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference), acts of God, war, terrorism, natural disasters, strikes, lockouts, labour disputes, government actions, or other events of force majeure.

MISCELLANEOUS

This Agreement, along with any additional terms referenced herein, constitutes the entire agreement between the parties with respect to the subject matter. This Agreement shall be governed by the laws of New South Wales, Australia. No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Section headings are for convenience only and have no legal effect.

COPYRIGHT NOTICE

TRADEMARKS

The names of actual companies and products mentioned herein may be trademarks of their respective owners. The example companies, organisations, products, domain names, email addresses, logos, people, and events depicted herein are fictitious. No association with any real company, organisation, product, domain name, email address, logo, person, or event is intended or should be inferred.